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File Number: 17-335 <br />C. A landlord shall provide total relocation assistance to an eligible tenant in an <br />amount not to exceed $10,000. This cap per tenant household provides landlords <br />consistency and certainty that future relocation costs are not unlimited. <br /> <br />III. Relocation Assistance Payment Procedures <br />A. Landlord shall pay relocation to an eligible tenant in two installments: <br />1. Half within five days following notice delivered to a tenant of a <br />landlord-caused termination and the other half within 5 days of the tenant’s <br />last day of tenancy. <br />2. Where the landlord-caused termination involves a rent increase greater than <br />15% and tenant elects to leave, landlord shall pay half within 5 days of <br />receiving written notice from tenant to vacate the unit and the other half no <br />later than 5 days of the last day of tenancy. <br />3. If a tenant receives any relocation payments and opts to return to the <br />apartment, then he/she shall reimburse the landlord for payments received. <br />4. Landlord and tenant are not prohibited under this Ordinance from coming to <br />their own mutually agreeable relocation terms. <br />5. Landlord may not unduly influence or negotiate in bad faith with a tenant to <br />agree to relocation assistance different from the requirements under this <br />Ordinance by means of fraud, intimidation, and/or coercion (e.g., threats over <br />immigration status). <br />IV. Notices <br />A. The proposed Ordinance establishes required text in the “notice of entitlement to <br />relocation assistance” that describes the amount of relocation assistance to which a <br />qualified tenant is eligible. <br />B. The text notice delivered to the tenant must be in English, Spanish and Chinese. <br />C. There are two types of relocation assistance notices under the proposed Ordinance: <br />1. For landlord-caused terminations not involving rent increases greater than <br />15%, a landlord must provide a “notice of entitlement to relocation <br />assistance” with the “notice of tenancy termination” at least 90 days prior to <br />the termination of tenancy. <br />2. For landlord-caused termination due to rent increases greater than 15%, a <br />landlord must provide a “notice of entitlement to relocation assistance” with <br />the rent increase notice at least 60 days prior, per State law. <br />V. Prohibition of Retaliation <br />A. Under California Civil Code Section 1942.5, a landlord may not begin eviction <br />proceedings or other retaliatory actions against a tenant who “lawfully and <br />peaceably exercise his or her legal rights” under the Ordinance. <br />VI. Miscellaneous <br />A. Staff will prepare an annual report to the City Council assessing the Ordinance’s <br />effectiveness, and recommending changes as appropriate. <br />Page 3 City of San Leandro Printed on 6/13/2017 <br />271